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1. Of the distribution schedule prepared on July 17, 2019 by the said court with respect to the Suwon District Court D's D's auction of real estate.
Reasons
1. Basic facts
A. On September 26, 2016, the Plaintiff and the Defendant entered into a first loan agreement with the Defendant on September 26, 2016, under which the Plaintiff borrowed KRW 36,00,000 from the Defendant as interest rate of KRW 2.5% (payment on September 26), and the due date of payment on December 25, 2016 (payment on December 26, 2016), and received KRW 34,804,30, after deducting KRW 1,195,670 from the Defendant as interest rate on the same day (hereinafter referred to as “first loan”).
(2) On September 29, 2016, the Plaintiff entered into a mortgage agreement on the real estate indicated in the [Attachment] list (hereinafter “instant real estate”) with the Defendant to secure the obligation for the first loan, and on October 11, 2016, the Plaintiff completed the registration of establishment of a mortgage on the instant real estate against the Defendant, 5,000,000 won with respect to the maximum debt amount, the mortgagee, the Defendant, and the Plaintiff.
B. On December 5, 2016, the Plaintiff and the Defendant entered into a second lending agreement with the Defendant on December 5, 2016, wherein the Plaintiff borrowed KRW 50,000,000 from the Defendant as interest rate of KRW 2.5% (payment on June 5, 2017) and the due date of payment on June 5, 2017, and received KRW 48,750,000 from the Defendant, deducting KRW 1,250,00 as interest rate, on the same day.
(hereinafter referred to as “loan 2”)
C. An auction procedure to exercise a security right to the instant real estate (hereinafter “instant auction procedure”) 1) on July 20, 2018, upon the application of the mortgagee E Co., Ltd., the said real estate, the Suwon District Court D with respect to the instant real estate on July 20, 2018. Accordingly, the decision to commence auction was rendered to exercise a security right to the instant real estate. Of the amount to be actually distributed on July 17, 2019, 236,75,895 won (hereinafter “instant dividend”) 6,356,157 won (hereinafter “instant auction procedure”).
Section 1 of this title
A. A. The distribution schedule is to distribute dividends to the Defendant, who is the mortgagee of the right to collateral security stated in paragraph 2.